Also known as: guidance
Written by attorneys · grounded in primary & secondary sources — see below
Direction or advice supplied to another in a professional or transactional setting.
Select any source to read its text and confirm it supports the definition.
Gwen Gallagher paid a nonlawyer to prepare her divorce papers and explain filing deadlines. The nonlawyer supplied detailed guidage on remedies and procedures. The court found the assistance constituted unauthorized practice because the guidance went beyond mere typing.
A law firm assigned Gerald Gibson, a new associate, to handle complex litigation with no training or oversight. The lack of guidage from partners led to missed deadlines and ethical lapses. The firm faced discipline for failing to provide reasonable supervision.
Greenleaf Farms hired a carrier to ship a broken mill shaft. The carrier received no guidage about the mill's shutdown and resulting profits at risk. The court limited damages to ordinary losses because special circumstances were not communicated.
A utility received regulatory guidage banning promotional advertising. The commission supplied the direction to advance energy conservation. The court applied intermediate scrutiny to test whether the guidage directly advanced the asserted interest.
A magazine published statements about a private attorney without guidage on actual malice. The court required proof of negligence because the plaintiff was not a public figure. The absence of reckless disregard in the reporting determined liability.
Congress passed a statute granting an agency power subject to one-house override. The House later issued a resolution using that guidage mechanism to cancel an agency waiver. The Court held the legislative action unconstitutional for bypassing bicameralism and presentment.
Nonlawyers may type forms already completed by clients but may not advise on remedies, procedures, or evidence. The distinction turns on whether the assistance crosses into giving legal direction.
Supporting sources
Partners must supply reasonable training and oversight on complex matters. Leaving associates without supervision that contributes to ethical violations or incompetent work can itself be grounds for discipline.
Supporting sources
Partners must supply reasonable training and oversight on complex matters. Leaving associates without supervision that contributes to ethical violations or incompetent work can itself be grounds for discipline.
Supporting sources
…governed by when they estimate damages. It is of the last importance to lay down a definite rule, for if juries are left without guidance it may lead to great injustice. Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach should be…